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On 28 April 2011, the Austrian Nationalrat (National Assembly) approved, with only minor amendments, government bills designed to implement Data Retention Directive 2006/24/EC (see IRIS 2011-4/9). The regulations should enter into force on 1 April 2012. Following controversial debates in the relevant committees, the bill amending the 2003 Telekommunikationsgesetz (Telecommunications Act - TKG) was submitted to the plenary session for a vote on 7 April 2011 and was adopted with the support of the government coalition parties (ÖVP and SPÖ). The opposition parties (FPÖ, Greens and BZÖ) voted unanimously...

In a decision of 31 March 2011, the Austrian Bundeskommunikationssenat (Federal Communications Senate - BKS) submitted questions to the Court of Justice of the European Union (ECJ) as part of the preliminary ruling procedure concerning the interpretation of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Television without Frontiers Directive). The case before the BKS concerned the depiction of a couple dancing from the left to the centre of...

On 26 January 2011 the Bundeskommunikationssenat (Federal Communications Board - BKS) decided that the programme “Von Römern, Wein und heißen Quellen” (“About Romans, wine and hot springs” in the “Erlebnis Österreich” (“Experience Austria”) series on the Romanisation of Styria, early wine-growing in the region and the use of thermal springs did not constitute surreptitious advertising within the meaning of section14(2) of the ORF-Gesetz (Law on the Austrian Broadcasting Corporation - ORF-G) in the version applicable when the programme was transmitted. In order to explain the change in the use of...

On 11 February 2011, representatives of Germany, Austria and Switzerland signed an agreement to step up economic and cultural cooperation in the film industry. The trilateral film agreement creates a legal framework for cooperation between producers from the three signatory States. It promotes the bi- or trilateral co-production of cinematographic works (Art. 1). Such co-productions will be categorised as national films and therefore be eligible to receive national funding (Art. 2(1) and (2)). A further condition is that the financial, artistic or technical contribution of each producer must represent...

The radio spectrum allocated to mobile communication networks in Austria is being reorganised. This process will also have an impact on terrestrial broadcasting: from 31 October 2013, the “mobile radio communication service” (except the aeronautical mobile service) will be the only primary user of the UHF band frequencies (790-862 MHz, so-called “digital dividend”) freed up as a result of television digitisation. It is already using these frequencies on a co-primary basis, i.e., with the same rights as broadcasting. This is set out in the amended Annex 1 to the amended Frequenzbereichzuweisungsverordnung...